The Ohio Democrat. (Logan, O. [Ohio]) 1886-1906, 1887-12-10
THE HARPER. TRIAL.
-Four Days Proceedings In This
Famous Case.
wiltshire says Harper Dealt IN Chicago
wheat-Brigss Swift, President OF the
Fidelity Bank, and Others, Examined.

CINCINNATI. Nov. 20-Edward l.. Harper,
vice president OF the late Fidelity National
Bank of Cincinnati, was this morning placed
on trial in the Circuit Court OF the United States
for the Southern District Of Ohio. Judges Jack.
son and Sage presiding, charged with criminal
violation OF almost every section OF the u, 8.
Revised Statutes for the government Of nation
nl banking institutions. .Hi.k
The names OF the jurymen, upon whom so
great responsibility rests nrc Us follows:
Clarkson Butterworth, Wilmington Clinton
County; 2. ID. Fisher, Mad.sonvile, Hamilton
County; VIM. Martindale. Xenia, Greene
County; Raymond Gee. New Richmond. Clcr-
mont County; Edward Roberts Harpersburg,
Warren County; John Stevenson xcnin
Greene County; Clark Taylor, Arabia, Law
renee County; John b. Turner, Laurel, Cler-
mont County; I{iefer Westlake. Troy Miami
County; Silas williamson Bethany, Butler
County; Jeremiah Wesger, Dayton. Montgom-
cry County; VIM. Yingling, Hanging Rock,
Lawrence County.
District Attorney Burnet made the statement
Of the case for the Government He suggested
that each OF the jurors be furnished with copy
of the Indictment, which was done. Mr.. Burnet
then proceeded to state what the Government
expects to prove. He began by reading section
b209 under which Harper was indicted. The de-
fendant is charged with the violation Of every
term Of this section ans.
The District Attorney scid the two general
charges are misappicntion and embezzlcment.
charges The various charges against Harper,
which have been published over and over again,
were referred to by Mr.. Burnet. The nsap-
plicatiOn, he said, covered quite long period,
but referred particularly to the year 1887. He
claimed that Harper used Hopkins as tool,
and was also aided by ]. w. Hoyt.
The Government promised to prove that
Harper had discounted worthless paper OF the
Riverside Iron and Steel Works, an insolvent
concern; that he raised various large sums OF
money in criminal way. Mr. Burnet reviewed
all the points in the case In IN elaborate way.
Major G. H. Blackburn, counsel tor Harper,
made the statement for the defense. Without
the submission Of single point 1t is manifest
that the matter presents an intricate CONNER
cial account They would come to the same
conclusion rs himself, that II would be better to
base tho matter on the testimony that may be
produced When all was heard and all was pro-
duced he fclt that Edward L. Harper would not
be found guilty of u criminal violation OF the
banking laws of the United States.
CINCINNATI Nov. 30.-The trial of =. L. Har-
per is rushing along with astonishing rnpidity.
Instead OF taking four weeks to settle his fate,
It seems that the case will 20 to the jury in
ten days. NNa
c. J. Kershaw. the Chicago broker who was
ruined by the wheat deal, was next called. He
testified that he had been n grain merchant for
thirty-fve years. The witness identified three
checks and said they bore the Endorsement OF
his firm; also identified letters OF advice; we
drew a draft on the Fidelity bnnk for these
checks and got the money. Received remit
tances from j. w. Wiltshire; met Messrs. Hoyt,
Wiltshire, Dewar, Irwin, Swift and perhaps one
or two others ut American Exchange National
Bank the 18th of last June; ut that meeting-'e
ceived two drafts from Mr.. Wiltshire and
Mr.. Hoyt They were for 100000 oacr-
They went to my credit In the American
Exchange National Bank. The amount of wheat
bought was 20,000000, some on margin the rest
nt option. The wheat was never delivered to
Wiltshire, Eckert & Co. Required per cent.
margin. Think the money received from Will
shire, Eokert s, Co. came in drafts or credits
issued from the Fidelity National Bank Mr..
kershaw gave in detail from the statement Of
account the drafts which had been drawn on
Wiltshire, Eckert & Co. The prosecution Of
fered in evidence draft for $1O0 600 dated April
10, 1887, on the First National Bank Of New York
Cross-examined: AL the accounts opened with
the bank was on account of Wiltshire. Eckert 4
Co. and Hoyt; had no account with them on
margins or wheat. Never met Mr.. Harper-had
no correspondence with him whatever. Re-
direct: The drafts drew were always paid
| The Government offered in evidence the letter
of advice for 900 600 dated June IA. 1887, and
the drafts for 100000 EACH gave the letter and
draft to the American Exchange Bank. The
balance of the money in this bank was charged
| up In losses against us. After the money swas
deposited some of our checks were dishonorcd
A. w. Green. of Irwin, Green & Co., grain
brokers, OF Chicago, was the next witness. Our
firm had business with ]. w. Hoyt, and made
| purchases OF wheat for him. Can't soy how
| much except that we had 1880, 600 bushels on
hand June "a. May "a we had the largest
amount. Hoyt gave drafts as security for part
| payment and arranged for remainder The
| margins went us high MS 17c.. but was variable
| We collected the amount designed by letters OF
| advice by draft from time to time as We needed
| the money. We collected NIL the amount indi-
nd in, hn Inffn of ahx ont lnuf
| 100000. We got 10000 Of that. Mr.. Green
referred to his account with the Fidelity M
tional Bank, which was offered in evidence.
The defense objected because Of MEM
orandum at the bottom, but this was
scratched on. The account showed that he
had deposited with the Fidelity s7aa, ,s4s.71, and
they drew 9l87s.s1. The Heyt account with
| Irwin, Green & Co. was also offered by the Gov
ernment Cross-examined: Had no transac-
tions with the Fidelity, as such; they were all
with Mr. Hoyt; don't know Mr. Harper.
Joseph w. Wiltshire sworn: Am broker In
grain and provisions. Know E. L. Harper. Mr..
| Wiltshire identified o bundle OF checks signed by
| Wiltshire, Eckert & Co. and j. W. Wiltshire &
| Co. check dated October IL, 1888, First Ma.
tional Bank to j. w. Wiltshire or order, Sl1 500,
Wiltshire, Eckert Co., indOrsed by J. W. Will
| shire was offered in evidence. Mr.. Wiltshire
testified that this check was used in the Fidel-
ity Bank and was placed either to the credit Of
j. W. Wiltshire or Wiltshire, Eckert Co. Was
not presented to the bank on which II was
drawn. Was placed to our credit by
direction of E. L. Harper. Bundles OF
checks handed to witness and examined
They (the checks) were used In the way OF dc
posit in the Fidelity. think IN every case, ss
far Us can recall, they were deposited to Chi
cago brokers, our correspondents in Chicago
ana taken out by them, presume. They were
received as deposits by Mr.. Harper's instruc
tions. never deposited one without his drec
tion. The deposits were for margins on wheat
on Chicago. @. What do you mean by thats A
We had bought wheat for Mr.. Harper on hit
order, and as our Chicago correspondents re
quired additional margin we deposited in the
Fidelity checks to the credit OF their banl
In Chicago The credit was entered upor
bank book. Q. Then your accounts OIL the book
of the Fidelity would be credited by the
amounts OF these checksf A. Yes, sir. @. How
did you use the credits A. In nearly every case
these amounts were deposited to the credit O
some Chicago house-dep0sited In the Fidelity
There may have been one or two exceptions
where tho deposits were In other thnn the FL
deity, but can not now recall what the excep
tions were where We gave q certi
fed check on the Fidelity, certified
by the Fidelity and deposited In som'
other bank. I think that was done once
or twice. @. What relation did the amoun
which you had In the Fidelity bear to tn,
amount OF chechss A. Well, there mover wa
that amount there ut oil. Tho understanding
was, when we gave these checks, that the.
were to be taken care OF by Mr.. Harper, and no
20 to the bunk, Q. Upon whose suggestion wa
the business conducted In that wayl A. On Mr.
Ha-per's suggestion The examination wen